Plain Text Law

Title 33 — Subtitle 11. Absentee Ballots

Chapter 01. Definitions; General Provisions

Regulation .01 Definitions.Copy Citation

A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Absentee ballot bag” means the bag designated by the State Administrator for the collection of absentee ballots at an early voting center or polling place.
(2)
“Absent uniformed services voter” has the meaning stated in 42 U.S.C. §1973ff-6.
(3)
“Authorized agent” means an individual who:
(a)
Is 18 years old or older;
(b)
Is not a candidate on the voter's ballot; and
(c)
Has been authorized in writing, signed by the voter under penalty of perjury, to act on the voter's behalf.
(4)
“Common access card” has the meaning stated in Election Law Article, §3-202.1, Annotated Code of Maryland.
(5)
“Electronic transmission” means transmission by:
(a)
Email;
(b)
Internet; or
(c)
Facsimile.
(6)
“Federal post card application” has the meaning stated in Election Law Article, §3-202.1, Annotated Code of Maryland.
(7)
“Federal Write-in Absentee Ballot” means a write-in absentee ballot for use in elections conducted under Election Law Article, Annotated Code of Maryland, by an absent uniformed services voter or an overseas voter.
(8)
“Overseas voter” has the meaning stated in 42 U.S.C. §1973ff-6.
(9)
“Return envelope” means the envelope used by the voter to return a voted absentee ballot.
(10)
“Uniformed services” has the meaning stated in 42 U.S.C. §1973ff-6.

Regulation .02 Emergency Procedures.Copy Citation

A.
Scope. This regulation applies if:
(1)
A national or local emergency arises, such as a natural disaster or an armed conflict; and
(2)
The emergency makes it impossible or unreasonable to comply fully with:
(a)
This subtitle; or
(b)
The Uniformed and Overseas Citizens Absentee Voting Act.
B.
Emergency Procedures Authorized. The State Board may issue special procedures or requirements as appropriate to facilitate absentee voting by all those who might be affected by the emergency and are otherwise eligible to vote.
C.
Limitations. A special procedure issued under this regulation may not waive any requirement expressly set by statute.

Regulation .03 Designated Means of Electronic Communications for Certain Voters.Copy Citation

A.
As required by federal law, the State Board designates the agency's general email address, website, and facsimile number as the means of electronic communication for voters authorized to vote under the Uniformed and Overseas Citizens Absentee Voting Act.
B.
The designated means of electronic communication shall be used to:
(1)
Request a formal application;
(2)
Send or obtain the appropriate formal application; and
(3)
Provide voting, balloting, and election information.

Regulation .04 Ballot Drop Boxes.Copy Citation

A.
Factors for Determining Ballot Drop Box Locations. A local board shall use the following factors when determining the location of a ballot drop box:
(1)
Accessibility of the ballot drop box to historically disenfranchised communities, including voters with disabilities, cultural groups, ethnic groups, and minority groups;
(2)
Proximity of the ballot drop box to dense concentrations of voters such that:
(a)
If a county has fewer than 200,000 registered voters, 75 percent of the registered voters in the county live within 10 miles of a proposed ballot drop box; or
(b)
If a county has 200,000 or more registered voters, 90 percent of the registered voters live within 5 miles of a proposed ballot drop box.
(3)
Accessibility of the ballot drop box by public transportation; and
(4)
Ensuring equitable geographic distribution of ballot drop boxes throughout the county.
B.
Requirements for Ballot Drop Boxes Locations.
(1)
Each ballot drop box location shall have security cameras to monitor the box at all times.
(2)
The images from each security camera shall be made available to the local board immediately or within a reasonable amount of time of a request from the State Administrator or local board.
C.
Approval Process for Ballot Drop Box Plan.
(1)
The State Administrator shall:
(a)
Prescribe a form for a local board to use to provide information about a proposed ballot drop box; and
(b)
Provide each local board with the form at least 9 months before a primary election.
(2)
The form shall:
(a)
Include questions related to whether the proposed ballot drop box meets the factors and requirements defined in §§A and B of this regulation; and,
(b)
If a proposed ballot drop box does not satisfy all of the factors defined in §A of this regulation, allow the local board to list other locations that were considered and why they were not proposed and describe the factors that mitigate the fact that the proposed ballot drop box location does not meet the factors defined in §A of this regulation.
(3)
At least 7 months before a primary election, the local board shall submit a ballot drop box plan to the State Administrator including:
(a)
A form for each proposed ballot drop box; and
(b)
Forms for all proposed ballot drop boxes at the same time.
(4)
The State Administrator shall approve a proposed location that meets the factors defined in §A of this regulation.
(5)
If the State Administrator determines that a proposed ballot drop box plan does not meet the factors defined in §A of this regulation, before the ballot drop box plan is submitted to the State Board:
(a)
Within 2 days of making the determination, the State Administrator shall provide the local board with a detailed explanation of why the proposed plan does not meet the factors;
(b)
The State Administrator shall request that the local board reconsider the proposed location for one or more ballot drop boxes and propose one or more other locations that meet the factors defined in §A of this regulation; and
(c)
Within 7 days of receiving the State Administrator's detailed explanation, the local board shall:
(i)
Propose one or more locations that meet the factors defined in §A of this regulation; or
(ii)
Explain why a location that meets the factors defined in §A of this regulation cannot be proposed and propose the location of an additional ballot drop box.
(6)
The State Administrator may add additional ballot drop box locations:
(a)
If, after reconsideration and resubmission by the local board pursuant to §C(5) of this regulation, the State Administrator determines that the proposed ballot drop box location does not meet the factors in §A of this regulation;
(b)
If a local board of elections proposes fewer drop boxes than in a previously comparable statewide election and fails to justify the reduction in drop boxes in reference to the factors in §A, it is presumed that the factors defined in §A are not sufficiently met.
D.
Electioneering Boundary.
(1)
The local board shall post signs delineating an area around each ballot box where a person may not electioneer. A local board is not required to delineate this area with a physical line on the ground.
(2)
Except as provided in §D(3) of this regulation, the line shall be located as near as practicable to 50 feet from the ballot box after consideration of the placement of the ballot box and the effect of placement on public safety and the flow of pedestrian and vehicular traffic.
(3)
If the ballot box is placed within the electioneering boundary of a polling place, the line for the ballot box shall be the electioneering boundary of the polling place.
(4)
The signs shall contain the words “No Electioneering Beyond this Point.”
E.
Electioneering Activities.
(1)
The following activities are not permitted within the electioneering boundary set forth in §D of this regulation:
(a)
Electioneering by individuals; or
(b)
Observing or recording voter activities by a group of affiliated individuals.
(2)
An individual observing a ballot box or recording activities within the electioneering boundary set forth in §D of this regulation is not electioneering if the person is not communicating with, questioning, or otherwise interfering with voters dropping off materials at a ballot box.
F.
Other Activities.
(1)
Except as provided in §F(2) of this regulation, an individual may not visibly possess, visibly carry, or brandish a firearm within the electioneering boundary set forth in §D of this regulation.
(2)
A law enforcement officer or security guard who is on duty or traveling to or from duty may enter the electioneering boundary set forth in §D of this regulation to drop off materials at a ballot box.
(3)
A person may observe an election official remove materials from the ballot box if the person does not interfere with the process.

Regulation .05 Absent Uniformed Services Voters and Overseas Voters in Special Elections.Copy Citation

A.
The State Board shall provide notice to absent uniformed services voters and overseas voters concerning a special election as follows:
(1)
In a vote by mail special election under COMAR §33.21.01—.08, by sending an absentee ballot to all absent uniformed service voters and overseas voters; or
(2)
In a special election that is not conducted as a vote by mail election, by providing notice to a major news outlet and social media.
B.
Absent uniform service voters and overseas voters may request an absentee ballot as provided in COMAR §33.11.02.01—.04.
C.
Absent uniform service voters and overseas voters may request delivery of an absentee ballot for a special election using any of the following methods to ensure timely return:
(1)
By mail, including a postage paid return envelope;
(2)
By email; or
(3)
By fax.

Chapter 02. Applications

Regulation .01 In General.Copy Citation

A.
Qualification. A registered voter may apply for and vote by an absentee ballot if:
(1)
The voter is qualified under Election Law Article, §9-304 or §10-102, Annotated Code of Maryland; and
(2)
The voter satisfies any identification requirement under Regulation .07 of this chapter.
B.
Methods of Applying. An application for an absentee ballot may be made by:
(1)
Formal request, as provided in Regulation .02 of this chapter;
(2)
Informal, written request, as provided in Regulation .03 of this chapter; or
(3)
In-person request, as provided in Regulation .04 of this chapter.
C.
Requests for Application. A local board shall accept requests for a formal application sent by mail or electronic transmission.
D.
Timely Request.
(1)
A request is timely if the local board receives the request by the applicable deadline in §D(2) of this regulation.
(2)
If voter’s request was submitted:
(a)
By electronic submission and the voter requested the absentee ballot be sent by:
(i)
Mail or facsimile, the request must be received on or before 11:59:59 p.m. on the Tuesday before the election; or
(ii)
Internet, the request must be received on or before 11:59:59 p.m. on the Friday before the election;
(b)
By mail or via a ballot drop box and the voter requested the absentee ballot be sent by:
(i)
Mail or facsimile, the request must be received by mail or deposited into a ballot drop box on or before 8 p.m. on the Tuesday before the election; or
(ii)
Internet, the request must be received by mail or deposited into a ballot drop box on or before 5 p.m. on the Friday before the election; or
(c)
In person by the voter or the voter’s authorized agent, the request must be received on or before 8 p.m. on election day.
E.
Third-Party Submission. An individual or organization receiving a completed absentee ballot application from a voter shall submit the application to the appropriate local board within 2 business days of receiving the application or by the deadline to submit an absentee ballot application established in §D(2) of this regulation, whichever occurs first.
F.
Early Submission. An election director may not reject an otherwise valid absentee ballot application submitted by a voter solely because the application was submitted before the Statewide voter registration system is ready to accept an absentee ballot application for that election.
G.
Duration of Absentee Ballot Application. An absentee ballot application shall only apply to the elections specified by the voter but shall be limited to the upcoming primary and general election and any special election within the calendar year in which the primary and general election occurs.

Regulation .02 Formal Request.Copy Citation

A.
In General. A formal request for an absentee ballot may be made to a local board only:
(1)
On the paper or the online version of the absentee ballot application prescribed by the State Board; or
(2)
On a form provided under federal law.
B.
Dissemination of Forms.
(1)
Local boards and others may reproduce and distribute the form prescribed by the State Board, but only if they do so without altering that form.
(2)
Website Posting.
(a)
The State Board shall post on its website the paper version of the absentee ballot application and provide a link to the online absentee ballot application.
(b)
A local board, on its website, shall post the paper version of the absentee ballot application and link to the online version of the absentee ballot application on the State Board's website.
(c)
The absentee ballot application shall be posted in a way that precludes altering its content.
(3)
Absentee Ballot Application Transmission.
(a)
If a voter requests an absentee ballot application, the local board shall send, by the voter's preferred method of transmission, the appropriate form to the voter.
(b)
If the voter does not specify how the voter wishes to receive the absentee ballot application, the local board shall mail and transmit by any other available means the appropriate form to the voter.
C.
Online Absentee Ballot Application—Voter Authentication.
(1)
The online absentee ballot application shall authenticate each voter.
(2)
Except as provided in §C(3) of this regulation, each voter shall enter:
(a)
The voter’s driver’s license or MVA identification card number;
(b)
The date the voter’s driver’s license or identification card was issued; and
(c)
The last four digits of the voter’s Social Security number.
(3)
If a voter is an absent uniformed services voter or an overseas voter who does not have a Maryland driver’s license or MVA identification card number, the voter shall enter the last four digits of the voter’s Social Security number.
(4)
The online absentee ballot application shall immediately verify the information required in §C(2) of this regulation with information on file with MVA.
(a)
If the MVA verifies the information, the voter may submit the online absentee ballot application.
(b)
If the MVA cannot verify the information, the voter shall submit the paper version of the absentee ballot application.
D.
Electronic Transmissions.
(1)
A local board may issue and receive applications by electronic transmission.
(2)
If an application is received by email, the application must be signed by the voter.
E.
Deadline for Receipt of Application. An application under this regulation must be received by the local board by the deadline in Regulation .01D of this chapter.
F.
Incomplete Information. If an application is timely, but any of the required information is missing, the election director shall attempt to contact the voter to correct the omission.

Regulation .03 Informal, Written Request.Copy Citation

A.
In General.
(1)
An informal, written request for an absentee ballot may be made to a local board.
(2)
The written request may be in any form as long as it contains all the information required by this regulation.
B.
Contents of Request. The request shall include the:
(1)
Voter's name, residence address, and telephone number;
(2)
Voter's date of birth;
(3)
Address to which the ballot is to be mailed, if different from the residence address;
(4)
Voter's signature; and
(5)
If the voter wants to receive an electronic ballot:
(a)
Voter's driver's license or Maryland identification card number, the date the voter's driver's license or identification card was issued, and the last four digits of the voter's Social Security number; or
(b)
if the voter is an absent uniformed services voter or an overseas voter who does not have a Maryland driver's license or MVA identification card number, the last four digits of the voter's Social Security number.
C.
Preprinted Form.
(1)
Except as provided in §B(5)(b) of this regulation, in the case of a preprinted form other than a form authorized by Regulation .02 of this chapter, the deadline for the receipt of an absentee ballot application.
(2)
The deadline for the receipt of an absentee ballot application is not required on a declaration accompanying the Federal Write-in Absentee Ballot.
D.
Third-Party Forms. An individual or organization creating a form other than a form authorized by Regulation .02 of this chapter shall consider printing the form on non-glossy, white paper to improve the form's readability by the local board.
E.
Electronic Transmissions.
(1)
The request may be submitted to the local board by electronic transmission.
(2)
If a request is received by email, the request must be signed by the voter.
F.
Deadline for Receipt of Request. A request under this regulation must be received by the local board by the deadline in Regulation .01D of this chapter.
G.
Incomplete Information. If a request is timely, but any of the required information is missing, the election director shall attempt to contact the voter to correct the omission.

Regulation .04 In-Person Request.Copy Citation

A.
In General.
(1)
A voter or a voter’s authorized agent may submit a request for an absentee ballot at the local board.
(2)
A request under this regulation must be received by the local board by the deadline in Regulation .01D of this chapter.
B.
Issuance of Application.
(1)
If a would-be authorized agent requests an application on a voter's behalf, but the voter has not yet signed a written agent authorization under penalty of perjury, the election director shall:
(a)
Provide the would-be agent with the form voter to sign;
(b)
On return of the signed application, issue the appropriate ballot to the agent; and
(c)
Accept the returned ballot on:
(i)
The agent's execution of the affidavit required by Election Law Article, §9-307(b)(4), Annotated Code of Maryland; and
(ii)
Compliance with all other requirements of law or regulation for absentee ballots.
(2)
If an individual presents a signed letter from a voter that contains both the information required by Regulation .03B of this chapter and an agent authorization under penalty of perjury, the election director shall:
(a)
Scan into the Statewide voter registration system the letter as the authorization document for issuing a ballot;
(b)
Issue the appropriate ballot to the agent; and
(c)
Accept the returned ballot on:
(i)
The agent's execution of the affidavit required by Election Law Article, §9-307(b)(4), Annotated Code of Maryland; and
(ii)
Compliance with all other requirements of law or regulation for absentee ballots.

Regulation .05 Processing Applications — In General.Copy Citation

A.
Date Stamp.
(1)
Except as provided in §A(2) of this regulation, whenever an application is received by a local board office, the election director shall stamp it with the date received.
(2)
An application need not be stamped if:
(a)
It is received on or before the Friday before the deadline to request an absentee ballot by mail, provided that the election director stores the application in a container labeled with the date the application was received;
(b)
It is received by electronic transmission; and
(c)
One of the following conditions is met:
(i)
If received by fax, the receiving fax machine automatically prints the correct date and time received; or
(ii)
If received by email, the date and time the email was received is included in the printed version of the email.
B.
Review.
(1)
The election director shall:
(a)
Review each application for an absentee ballot;
(b)
Accept any federal post card application by an absent uniformed services voter or overseas voter that is signed using a common access card;
(c)
If the election director determines that the voter resides in another county, send by electronic transmission the application to the appropriate local board; and
(d)
Accept or reject the application as provided in Election Law Article, §9-306, Annotated Code of Maryland, and this subtitle.
(2)
If an election director rejects an absentee ballot application, the election director shall:
(a)
If the application was submitted by an absent uniformed services voter or overseas voter, provide the voter with the reason for the rejection;
(b)
If the applicant is not registered to vote, provide the applicant with access to a voter registration application; and
(c)
If the applicant submitted an improper application before the application deadline established in Regulation .03 of this chapter, provide the applicant with access to the formal application defined in Regulation .02 of this chapter.
(3)
If the election director rejects an application, the applicant may appeal that decision to the local board.
C.
Priority Processing. Once absentee ballots become available, the election director shall give priority to:
(1)
Applications or requests submitted by absent uniformed voters and overseas voters; and
(2)
Issuing and transmitting absentee ballots to absent uniformed voters and overseas voters.
D.
Filing. The election director shall process all applications so that, in the event of a challenge, applications can be matched with the appropriate ballot envelopes.

Regulation .06 Processing Applications — Change of Name, Address, or Party Affiliation.Copy Citation

A.
In General. Except as provided in §B of this regulation, if a completed application indicates a change of name, address, or party affiliation from that in the Statewide voter registration list, the election director shall:
(1)
Process the change;
(2)
Send, by nonforwardable mail, the applicant a voter notification card (VNC) that reflects the change; and
(3)
If the change is in the applicant's address:
(a)
Issue the applicant a ballot appropriate to the new address; and
(b)
Provide that ballot to the address as requested on the application.
B.
During Closed Period. If the application is received during a period when voter registration is closed and:
(1)
Includes a new address, the election director shall:
(a)
If the voter moved:
(i)
Before registration closed, issue the applicant a ballot appropriate to the new address; or
(ii)
After registration closed, issue the applicant a ballot appropriate to the address where the applicant resided when registration closed; and
(b)
Provide that ballot to the address as requested on the application; or
(2)
Includes a change of name or party affiliation, the election director may not process the change until voter registration reopens.

Regulation .07 Identification Requirements.Copy Citation

A.
Scope. This regulation applies only to an absentee voter who:
(1)
Registered to vote in Maryland after January 1, 2003;
(2)
Submitted the voter registration application by mail or is required to provide personal identification information to complete a verification inquiry under COMAR 33.05.04.04;
(3)
Is voting in Maryland for the first time after January 1, 2004; and
(4)
Is not entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, or to vote otherwise than in person under §3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act or any other federal law.
B.
Identification Required. Except as provided in §D of this regulation, an individual covered by this regulation shall submit with the absentee ballot application or with the absentee ballot a copy of personal identification information.
C.
Requirement Satisfied. An individual is not required to submit a copy of personal identification information under §C of this regulation if:
(1)
The State Board has matched with an existing State identification record the individual's name, date of birth, and the Motor Vehicle Administration identification number or at least the last four digits of the Social Security number provided by the individual on or with the voter registration application; or
(2)
The individual has previously submitted to the local board a copy of personal identification information.
D.
Fail-Safe Provision. If an individual covered by this regulation submits an absentee ballot and has not submitted required personal identification information by the beginning of the absentee ballot canvass, the absentee ballot shall be treated as a provisional ballot properly applied for and shall be canvassed insofar as possible under the procedures in COMAR 33.16.05.05, 33.16.05.06, and 33.16.06.

Chapter 03. Issuance and Return

Regulation .01 Ballot Content.Copy Citation

The content of the absentee ballot issued to a voter shall:
A.
Be identical to the ballot used in the precinct of the voter's residence; and
B.
Contain in a clear space at the top the words “Official Ballot” printed in large letters.

Regulation .02 Updating Election Register.Copy Citation

A.
Update Required. The election register must include information about all absentee ballots issued to voters before the register is created.
B.
Voting in Person After Receiving Absentee Ballot. A voter who has been issued an absentee ballot may cast a provisional ballot at:
(1)
The polling place for the precinct of the voter’s residence on election day; or
(2)
The early voting center in the voter’s county of residence during early voting.

Regulation .03 Ballot Instructions.Copy Citation

A.
Instructions Required. Absentee ballots shall be accompanied by instructions for marking and returning the ballots.
B.
Form and Content. The form and content of the instructions shall be as the State Board prescribes.
C.
Required Information. The State designated means of electronic communication shall be included in the instructions.

Regulation .04 Envelopes.Copy Citation

A.
Outgoing Envelopes. Absentee ballots sent by mail shall be enclosed in specially printed envelopes.
B.
Return Envelopes.
(1)
If an absentee ballot is sent by mail, the mailing shall include an envelope for the voter to use to return the voted ballot.
(2)
If an absentee ballot is sent by electronic transmission, the transmission shall include an envelope template showing the voter how to address the return envelope.
C.
Form and Content. The form and content of the envelopes shall be as the State Board prescribes.
D.
Request for Personal Identification Information on Return Envelope. If an individual is required to show personal identification information under COMAR 33.11.02.07, the absentee ballot mailing shall clearly indicate that personal identification information is required.

Regulation .05 Issuance of Ballots.Copy Citation

A.
Transmission of Absentee Ballot.
(1)
An absentee ballot shall be transmitted, to the extent practicable, by the method requested by the voter.
(2)
If the voter does not specify how the voter would like to receive an absentee ballot, the local board shall mail and transmit by any other available means the absentee ballot to the voter.
B.
An absentee ballot may be issued only to the voter or the voter's authorized agent.

Regulation .06 Return of Ballot.Copy Citation

A.
Date Stamp Return Envelope.
(1)
Except as provided in §A(2) of this regulation, whenever an absentee ballot is received by a local board office, the election director shall stamp the return envelope with the date received.
(2)
The election director shall:
(a)
Stamp the return envelope with the date received if the local board received the return envelope on the day before the election or any day thereafter; and
(b)
Store the return envelopes in a container labeled with the date the ballots were received.
B.
Ballots Returned Without Return Envelope. If an absentee ballot is returned in an envelope other than the envelope provided by the local board and the envelope was opened during the normal process of opening mail, the election director shall immediately:
(1)
Tape the envelope closed;
(2)
Initial the tape and write “Absentee” on the envelope; and
(3)
Stamp the envelope with the date received.
C.
Ballots Returned Without a Signed Oath.
(1)
Except as provided in §C(3) of this regulation, if an absentee ballot is timely received but the voter did not sign the required oath, the election director shall:
(a)
As soon as practicable, but not later than 3 business days after the election director determines that the voter failed to sign the oath, notify the voter that the voter did not sign the oath; and
(b)
Explain how the voter can provide a signed oath and when the signed oath must be received for the voter's ballot to be accepted.
(2)
Method of Notification.
(a)
The election director shall notify the voter using the voter's preferred method of communication, as indicated on the voter's form, to request the ballot.
(b)
If the notice is not delivered using the voter's preferred method of communication, the election director shall use another means to notify the voter.
(c)
If an absentee ballot is timely received on or after the second Wednesday after an election (and the ballot was otherwise completed and mailed on or before election day, as established by Regulation .08B(4)(b) of this chapter, the election director shall make reasonable efforts to comply with §C(1) and (2) of this regulation.
(3)
Method of Communication with Local Board.
(a)
A voter may choose to communicate with the local board to correct the failure to sign the oath by text, email, portal, mailed form, and in-person visit to the local board.
(b)
A voter may sign the oath by email, SBE-approved text application, mail, in-person visit to the local board, or other means offered by the State Board.
D.
Ballots Returned to Wrong Election Office.
(1)
If an absentee ballot is received by the wrong election office, that office shall immediately:
(a)
Stamp the envelope with the date received; and
(b)
Send the ballot to the appropriate local board office, with the ballot envelope unopened and, except for the date stamp, unmarked and unchanged in any way.
(2)
The date stamped on the envelope under §C(1)(a) of this regulation is the official date of receipt of that ballot.
E.
Ballot Return Envelope Returned Without an Absentee Ballot.
(1)
If upon receipt of a ballot return envelope it is determined by the local board that there is no ballot contained in the envelope, the election director shall:
(a)
If the identity of the voter can be determined:
(i)
As soon as practicable, but not later than 3 business days after the election director determines that the voter failed to return a ballot, notify the voter that the voter did not return a ballot; and
(ii)
Explain how the voter can provide their voted ballot, and explain when the ballot must be received for the voter's ballot to be counted; or
(b)
If the voter identity cannot be determined, document that on the return envelope.
(2)
Method of Notification.
(a)
The election director shall notify the voter using the voter's preferred method of communication, as indicated on the voter's form, to request the ballot.
(b)
If the notice is not delivered or cannot be delivered timely using the voter's preferred method of communication, the election director shall use another means to notify the voter.
(c)
If an absentee ballot envelope is not received on or before election day, as established by Regulation .08B(4)(b) of this chapter, the election director need not comply with §E(1) and (2) of this regulation.
F.
Ballots in Return Envelope with Request for Personal Identification Information. A return envelope marked with a request for personal identification information shall be considered a provisional ballot and canvassed under COMAR 33.16.05.
G.
Ballots Returned at an Early Voting Center or Polling Place. Whenever an absentee ballot is received at an early voting center or polling place, a chief judge or designee shall:
(1)
Instruct the voter to put the voted absentee ballot into the absentee ballot bag;
(2)
Ensure the security of the absentee ballot bag; and
(3)
Return the absentee ballot bag to the local board of elections at the end of voting hours each day of early voting and on election day.
H.
Ballots Returned at a Designated Ballot-Return Location.
(1)
A voter can return a voted ballot at a ballot drop box designated by the local board to serve as ballot-return locations.
(2)
The ballot drop box shall:
(a)
Be designed to prevent an individual from accessing voted ballots once deposited;
(b)
Include a statement that tampering with ballots is a crime; and
(c)
Include the State Board's phone number.
(3)
The local board shall retrieve ballots and any other election materials according to chain of custody procedures issued by the State Administrator.

Regulation .07 Filing and Securing.Copy Citation

A.
Filing. The election director shall file all ballots timely received in such a manner that, in the event of a challenge, applications can be matched with the appropriate ballot return envelopes.
B.
Securing Ballots. Until the canvass begins, every absentee ballot shall:
(1)
Remain sealed in:
(a)
The security envelope for Federal Write-In Absentee Ballots; or
(b)
The return envelope for all other ballots; and
(2)
Be placed in a secure location to which the public does not have access and stored in that location until the election has been certified and the time to challenge the election has passed.

Regulation .08 When Ballots Are Timely.Copy Citation

A.
United States.
(1)
“United States” means the several states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
(2)
“United States” does not include American Samoa, the Canal Zone, Guam, the Trust Territory of the Pacific Islands, any other territory or possession of the United States, an Army Post Office address, or a Fleet Post Office address.
B.
In General. An absentee ballot is considered to have been timely received only if:
(1)
The ballot is received by the local board office before the polls close on election day;
(2)
The ballot is received by a polling place before the polls close at that polling place on election day;
(3)
The ballot is deposited into a ballot drop box before the polls close on election day;
(4)
The ballot:
(a)
Is received by the local board office from the United States Postal Service or a private mail carrier on or before 10 a.m. on the second Friday after an election; and
(b)
Was mailed on or before election day, as verified:
(i)
By a postmark of the United States Postal Service, an Army Post Office, a Fleet Post Office, or the postal service of any other country; or
(ii)
By the voter’s affidavit that the ballot was completed and mailed on or before election day, if the return envelope does not contain a postmark or the postmark is illegible; or
(5)
The ballot is received by an early voting center before the polls close at that polling place on the last day of early voting.
C.
Untimely Ballots.
(1)
A ballot that is not timely received as provided in this regulation shall:
(a)
Be retained separately from timely ballots; and
(b)
Not be counted.
(2)
A ballot that is received after the local board certifies the election may not be:
(a)
Presented for rejection to the board of canvassers;
(b)
Presented to the local board of elections; or
(c)
Counted.

Chapter 04. Canvass of Ballots — Procedures

Regulation .01 Conduct Generally.Copy Citation

A.
Separate From Polling Place Ballots. The review, inspection, and tabulation of absentee ballots shall:
(1)
Begin as provided in Regulation .03 of this chapter;
(2)
Be conducted separately from the review, inspection, and tabulation of polling place ballots; and
(3)
Otherwise be conducted in the same manner as for polling place ballots, insofar as those procedures are appropriate.
B.
Uniformity for All Absentee Ballots. The canvass procedures in this chapter shall be followed for absentee ballots cast by domestic, civilian voters and absentee ballots cast by absent uniformed services voters or overseas voters.

Regulation .02 Board Responsibility.Copy Citation

The canvass of absentee ballots shall be conducted by the local board, in its role as a board of canvassers, as provided in Election Law Article, Annotated Code of Maryland, in Subtitle 08 of this Title, and elsewhere in this Subtitle.

Regulation .03 Start of Canvass.Copy Citation

A.
When Required.
(1)
Except as provided in §A(2) of this regulation, the board shall start processing the absentee ballots on the day that is 8 business days before the first day of early voting.
(2)
Upon the request of a board, the State Administrator may grant a waiver of requirements in §A(1) of this regulation if the State Administrator determines the early processing is not:
(a)
Necessary due to the low number of absentee ballots received by the board; or
(b)
Practicable due to limited resources or other constraints on the board.
(3)
The board shall convene at:
(a)
10 a.m. on the Thursday after the election to canvass absentee ballots; and
(b)
10 a.m. on the second Friday after an election.
(4)
If any required processing or canvassing day falls on a legal holiday, the board shall convene to process or canvass absentee ballots on the next regular business day.
B.
Opening Ballots.
(1)
An envelope with an enclosed absentee ballot may not be opened until the start of the canvass.
(2)
If an oath on the return envelope is covered, a local board may remove the paper covering the oath before the start of the canvass.

Regulation .04 Hold Back of Ballots.Copy Citation

A.
Required Hold Back. Except as provided in §B of this regulation, to preserve the secrecy of provisional ballots and absentee ballots, the local board shall withhold from the initial canvass at least five absentee ballots of each ballot style to be canvassed during the provisional ballot canvass.
B.
If, at the start of the initial canvass, a local board has received five or less absentee ballots of a specific ballot style, the local board shall withhold all of the ballots of that ballot style until the final canvass.
C.
Later Canvasses. The absentee ballots withheld under this regulation shall be included and canvassed with the provisional ballots.

Regulation .05 Return Envelopes — Opening, Reviewing, and Referrals.Copy Citation

A.
Batch Distributions.
(1)
When directed by the board, the election director shall issue to each team a batch of returned ballots.
(2)
Each batch shall consist of a controllable number of ballots (for example, 25).
B.
Verifying Timeliness.
(1)
The team shall first verify timeliness by checking the date stamp on the return envelope.
(2)
If the date stamp is missing, the team shall check the postmark on the return envelope.
(3)
If the postmark is missing or illegible, the team shall check the date the voter signed the oath required by Election Law Article, §9-310, Annotated Code of Maryland.
(4)
If a ballot's timeliness cannot be verified, the ballot shall be considered not timely received and the team shall refer the ballot to the board for rejection.
C.
Signature and Seal.
(1)
The team shall verify that:
(a)
The oath required by Election Law Article, §9-310, Annotated Code of Maryland, is signed; and
(b)
The return envelope is sealed.
(2)
If the oath is not signed or the return envelope is unsealed, the team shall refer the envelope to the local board.
D.
The team shall:
(1)
Open each return envelope by any means that will not damage the contents; and
(2)
Place the envelope with the mailing address face down on the table without removing the contents.
E.
Removing Ballots. After all the return envelopes in the batch have been opened and placed with the mailing address face down, the team shall remove the ballots from the return envelopes one at a time, taking care that each envelope remains face down.
F.
Certificates of Voter Assistance. The team shall remove any certificates of voter assistance and place them in separate stacks.
G.
Extra Ballots.
(1)
The team shall make sure that not more than one ballot is in any return envelope.
(2)
If a return envelope contains more than one ballot, the team shall refer the return envelope with all ballots to the local board.
H.
Setting Aside Envelopes. After all ballots have been removed from the envelopes in the batch, the team shall set aside the return envelopes.

Regulation .06 Opening Return Envelopes — Board Ruling on Referrals.Copy Citation

A.
Board to Rule. The local board shall rule on all referrals made to it under Regulation .05 of this chapter.
B.
Rejected Ballots. Each ballot that the board rejects shall be retained by the board at the board table.
C.
Accepted Ballots. Each ballot that the board accepts shall be returned to the referring team and refiled in appropriate order.

Regulation .07 Ballots — Inspection and Referrals.Copy Citation

A.
Ballot Inspection. The team then shall inspect each ballot for compliance and tabulating acceptability.
B.
Ballots To Be Referred. The team shall refer to the local board any ballot that:
(1)
Appears to have been intentionally marked for the purpose of identifying the ballot;
(2)
Appears to have been corrected, whether by correction tape, correction fluid, mark-overs, cross-throughs, or the like;
(3)
Contains any tear, fold, food spill, stray mark, or the like, that might:
(a)
Render the ballot unacceptable for machine tabulation; or
(b)
Raise a question of voter intent.
C.
Identifying Referrals. The team shall place each ballot referred to the board in a plain envelope, and mark the envelope with:
(1)
The team number;
(2)
Information that identifies the group or unit to which the ballot belongs; and
(3)
The reason for the referral.
D.
Completion of Batch. When a team has completed a batch, the election director shall:
(1)
Retrieve the ballots and return envelopes;
(2)
File the return envelopes away;
(3)
Put the ballots in appropriate groups for tabulation; and
(4)
Issue a new batch to the team, unless all ballots already have been removed from their envelopes.

Regulation .08 Ballots — Board Ruling on Referrals.Copy Citation

A.
Board to Rule. The local board shall rule on all referrals made to it under Regulation .07 of this chapter.
B.
Rejected Ballots. Each ballot that the local board rejects shall be retained by the board at the board table.
C.
Accepted Ballots. Each ballot that the local board accepts shall be, as appropriate:
(1)
Returned to the referring team and placed in the appropriate group for tabulation; or
(2)
Sent to a bipartisan duplication team.
D.
Duplication. When a ballot needing duplication has been duplicated, the duplicated ballot shall be placed in the appropriate group for tabulation.

Regulation .09 Grouping Ballots Processed by Board.Copy Citation

A.
In General. After all the absentee ballots have been opened and processed by the board, they shall be placed in the following groups:
(1)
Ballots found to be acceptable for tabulation;
(2)
Ballots accepted by the board but objected to by a contesting party; and
(3)
Ballots rejected by the board.
B.
Treatment of Groups.
(1)
Ballots grouped under §A(1) of this regulation shall be tabulated separately from ballots grouped under §A(2) of this regulation.
(2)
However, only the combined total of those two ballot groups may be:
(a)
Reported as the “Unofficial Absentee Count”; or
(b)
Added to the “Unofficial Returns”.

Regulation .10 Ballot Tabulation.Copy Citation

The tabulation of the ballots shall follow their removal from the return envelopes, without unreasonable delay.

Regulation .11 Unofficial Absentee Count.Copy Citation

The unofficial results of the absentee canvass shall be released when the tabulation is completed.

Chapter 05. Canvass of Ballots — Rejecting Ballots

Regulation .01 Vote Required.Copy Citation

A.
In General. Neither an absentee ballot nor any vote on it may be rejected except by unanimous vote of the local board.
B.
Abstention. If a member of the local board abstains from voting, the decision of the local board is unanimous if all other members vote for the same outcome.

Regulation .02 Voter Intent.Copy Citation

If a ballot is not marked specifically in accordance with the instructions provided to the voter, the local board shall:
A.
Follow the standards established in COMAR 33.08.02; and
B.
Appropriately mark or duplicate the ballot for tabulating acceptability.

Regulation .03 Ballot Rejection — Basic Grounds.Copy Citation

The local board shall reject an absentee ballot if:
A.
The ballot was not timely received;
B.
The voter failed to sign the oath required by Election Law Article, §9-310, Annotated Code of Maryland;
C.
The local board determines that an absentee ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purposes of identifying the ballot;
D.
The ballot was issued to an agent and was not in a sealed envelope when returned; or
E.
The voter was required to submit personal identification information under COMAR 33.11.02.07 but failed to submit that information before the absentee ballot canvass began, in which case the absentee ballot shall be treated as a provisional ballot properly applied for and canvassed insofar as possible under the procedures in COMAR 33.16.05.05, 33.16.05.06, and 33.16.06.

Regulation .04 Ballot Rejection — Multiple Ballots from the Same Individual.Copy Citation

If a local board receives multiple ballots from the same voter, the local board shall canvass the ballots as follows:
A.
If a single return envelope contains more than one ballot from the same individual for the same election, all ballots from that individual shall be rejected.
B.
If more than one ballot is received from the same individual in different envelopes:
(1)
If the signed oaths have different dates, the local board shall:
(a)
Count the ballot with the earliest signed oath date that the local board determines is legally sufficient; or
(b)
Reject all ballots if none of them are legally sufficient.
(2)
If the signed oath associated with one ballot is dated and the signed oath associated with the other ballot is either undated or indecipherably dated, the local board shall count the ballot with the dated oath and reject the ballot with the undated or indecipherably dated oath;
(3)
If the signed oaths all have the same dates or all have indecipherable dates the local board shall:
(a)
Count the first ballot it received if that ballot is legally sufficient;
(b)
If the first ballot it received is not legally sufficient, count the ballot it received next if it is legally sufficient; or
(c)
Reject all ballots if the ballots were received on the same date.
(4)
If one of the ballots received is a Federal Write-in Absentee Ballot:
(a)
If both ballots are timely, only the State ballot shall be counted; but
(b)
If only one of the ballots is timely, the timely ballot shall be counted as long as the timely ballot is not rejected for other reasons.
C.
Except as provided as in §D of this regulation, if an absentee ballot and provisional ballot are received from the same individual, the local board shall count the first ballot the voter cast if the ballot is legally sufficient and reject any other ballot.
D.
If the local board receives an absentee ballot after a provisional ballot or absentee ballot from the same voter has been counted, the local board shall reject the absentee ballot.

Regulation .05 Ballot Rejection — Unusual Marking Device.Copy Citation

A.
Duplication.
(1)
Absentee ballots may be marked by any kind of pencil or ink.
(2)
Certain types of pencil or ink, however, might not be readable by optical scanning equipment. Accordingly, ballots not marked with the appropriate pencil or ink should be referred by the local board to the duplication team.
B.
Possible Rejection. In a specific case, the local board may consider the particular pencil or ink used to be unusual enough to be considered an attempt to intentionally identify the ballot.

Regulation .06 Ballot Rejection — Unsealed Envelope.Copy Citation

The local board may not reject a ballot solely because its envelope was unsealed unless:
A.
The ballot had been issued to an agent; or
B.
There is some indication that the integrity of the electoral process has been compromised.

Regulation .07 Ballot Rejection — Federal Write-In Absentee Ballot.Copy Citation

A.
The local board shall reject a Federal Write-In Absentee Ballot if:
(1)
The Federal Write-In Absentee Ballot was not timely received;
(2)
The voter failed to sign the oath accompanying the Federal Write-in Absentee Ballot;
(3)
The local board determines that the Federal Write-in Absentee Ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purposes of identifying the ballot;
(4)
The voter was required to submit personal identification information under COMAR 33.11.02.07 but failed to submit that information before the absentee ballot canvass began, in which case the ballot shall be treated as a provisional ballot properly applied for and canvassed insofar as possible under the procedures in COMAR 33.16.05.05, 33.16.05.06, and 33.16.06;
(5)
The Federal Write-in Absentee Ballot was submitted by an overseas voter who is not an absent uniformed services voter and was submitted from within the United States; or
(6)
The local board counted the voter's State absentee ballot.
B.
In a general election, the local board may not reject a Federal Write-in Absentee Ballot or a vote on a Federal Write-in Absentee Ballot solely because the absent uniformed services voter or overseas voter wrote in the name of a political party, in which case the ballot or vote on the ballot shall be counted as a vote for the candidate affiliated with political party written by the voter on the ballot.

Regulation .08 Vote or Contest Rejection.Copy Citation

A.
Person No Longer a Candidate. If an absentee ballot is voted for an individual who has ceased to be a candidate, the vote for that individual may not be counted but does not invalidate the rest of the ballot.
B.
Damaged or Marked Ballot. If an absentee ballot is damaged or otherwise marked so that the local board cannot determine the voter's intent in a specific contest, the local board shall reject that contest on the ballot.
C.
Erasures or Alterations. If an absentee ballot has erasures or has been altered or repaired:
(1)
For all contests where the voter's intent is clear, the local board shall process the ballot or, if necessary, have it duplicated and processed; and
(2)
For any contest where the local board cannot determine the voter's intent, the local board shall reject that contest on the ballot.

Chapter 06. Post-Election Procedures

Regulation .01 Storage of Materials.Copy Citation

A.
After completing canvassing procedures, a local board shall retain all voted ballots in a sealed ballot box labeled with a batch label until they are authorized to be opened and removed for an audit, recount, judicial challenge, storage, or disposal.
B.
Document Retention. A local board shall retain for 22 months after an election:
(1)
Absentee ballot applications;
(2)
Voted absentee ballots;
(3)
Return envelopes; and
(4)
Certificates of assistance.
C.
Disposal of Unvoted Ballots.
(1)
A local board may dispose of any unvoted absentee ballots at least 30 days after State certification of an election or the conclusion of a recount, whichever is later.
(2)
A local board is not required to shred unvoted absentee ballots.

Regulation .02 Post-Election Correspondence.Copy Citation

After voter registration reopens, the election director shall send:
A.
A letter requesting personal identification information from each voter whose absentee ballot was rejected because the voter failed to provide the required personal identification information; and
B.
The appropriate letter to each voter whose absentee ballot was rejected because the voter's registration status was “pending” because:
(1)
The voter's driver's license or full or partial social security number could not be verified under COMAR 33.05.04.04; or
(2)
The voter did not provide personal identification information.

Regulation .03 Free Access System for Determining Whether Absentee Ballot Was Accepted.Copy Citation

A.
The State Board shall establish a free access system that any voter who submits an absentee ballot application may access to determine whether the local board received and accepted the voter's absentee ballot application and received and counted the voter's absentee ballot.
B.
Information for Free Access System.
(1)
Each election director shall use the Statewide voter registration system to process all absentee ballot applications and returned ballots.
(2)
The State Board shall use the absentee voting information in the Statewide voter registration system for the free access system.
C.
The free access system shall be accessible online through the State Board's website and by calling the State Board's toll-free telephone number.
D.
An absentee voter shall be required to provide his or her name and date of birth to be able to access information about his or her absentee ballot.